The Chamber of Deputies approved changes to the law on mental health and addictions, in order to eliminate the psychiatric hospitalsat the same time that the rules for internment of a person in a care center are regulated.
With 358 votes in favor, 107 against and 0 abstentions, the deputies endorsed the opinion that reforms, adds and repeals various provisions of the General law of healthin matters of mental health and addictions, and in which it is established that these will be a priority within health policies, while the States must guarantee the population’s access to care in the matter.
The document that was sent to the Federal Executive for its publication, indicates that those psychiatric hospitals that have adequate infrastructure and organizational conditions will have 180 calendar days to travel to therapeutic centers for mental health and addiction care.
In addition to expressing that the internment will be voluntary, and must be without coercion from the personnel of the institutions, with the informed consent; while the interned person may not be held incommunicado from their relatives, guardian or legal representative.
In addition to specifying that hospitalization may not be indicated or prolonged for any reason, if it is intended to resolve family, social, labor or housing and patient care problems; and, it is specified that in the case of not agreeing with the internment, together with the parent or guardian, they must assess other care alternatives.
Likewise, it is indicated that everyone has the right to enjoy the highest possible level of mental health, without discrimination based on ethnic or national origin, skin color, culture, sex, gender, age, disabilities, social, economic, health or legal status, religion, physical appearance, genetic characteristics.
Add that all health service providers, public or private They are obliged to communicate to the person, in an accessible, timely manner and in understandable language, the true and complete information, including the objectives, the possible benefits and expected risks, and the treatment alternatives, to ensure that the services are provided on the basis of the basis of free and informed consent.
It highlights that once the understanding of the information is guaranteed through the necessary means and support, the user population of the health services has the right to accept or reject them.
Whereas in situations where a person is unable to consent to treatment, at a specific time, by any means, there is no advance directive document, and their health is in such a state that, if treatment is not administered immediately, his life would be exposed to an imminent risk or his physical integrity to irreversible damage, the health service provider will proceed immediately to preserve the life and health of the user.
In the case of girls, boys and adolescents, the opinion indicates that it is an obligation on the part of the service providers of health care implement reasonable supports and adjustments, appropriate to their age so that their will and preferences are taken into account in determining the type of interventions aimed at guaranteeing their recovery and well-being.
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